89R23194 TSS-D
By: Paul H.B. No. 3775
Substitute the following for H.B. No. 3775:
By: Shaheen C.S.H.B. No. 3775
A BILL TO BE ENTITLED
AN ACT
relating to processing early voting ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.0241(b), Election Code, is amended to
read as follows:
(b) The board may not open a ballot envelope of an accepted
voter or count early voting ballots until:
(1) the polls open on election day; [or]
(2) in an election conducted by an authority of a
county with a population of at least 100,000 but less than 1 million
[or more], or conducted jointly with such a county or conducted with
such a county through a contract for election services, the end of
the period for early voting by personal appearance; or
(3) in an election conducted by an authority of a
county with a population of 1 million or more, or conducted jointly
with such a county or conducted with such a county through a
contract for election services, 7 a.m. on the sixth day before
election day.
SECTION 2. Section 87.042, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) The early voting ballot board shall open each carrier
envelope containing an accepted ballot without defacing the
certificate on the carrier envelope and remove without opening the
ballot envelope from the carrier envelope.
(d) An accepted ballot that was not returned in the official
ballot envelope shall be treated as an accepted ballot that was
returned in the ballot envelope and may be placed in an empty
envelope.
(e) The board shall maintain chain of custody paperwork that
accounts for the correct number of accepted ballots and envelopes
placed into the ballot box or container as required by Subsection
(b) or (c) or Section 87.044(b), as applicable. When the container
is sealed, the paperwork must be signed by:
(1) the presiding judge;
(2) a member of the board who is a member of a
different political party from the presiding judge; and
(3) at least one poll watcher, if present during the
session.
SECTION 3. The changes in law made by this Act apply only to
an election held on or after the effective date of this Act. An
election held before the effective date of this Act is governed by
the law in effect when the election was held, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.